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In Community Property state is ..?

a Beneficiary of,,and receiving an Inheritance treated the same in a legal action i.e. divorce

3 Answers

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  • 1 decade ago
    Favorite Answer

    If you are asking if an Inheritance is treated as Community Property in a divorce, then the answer is a definite maybe.

    In California, which is a Community Property state, an inheritance is considered the "sole and separate" property of the heir or heiress as long as it is kept separate from the marital estate.

    What that means is, if you deposit an inheritance check into a joint account, you co mingle your inheritance money with joint marital money. Once you do that,even for a minute, the inheritance becomes Community Property not "sole and separate" property. If you deposit the check into a separate account with only your name on it, then the inheritance remains your "sole and separate" property and is not considered Community Property in a divorce.

    If you use your inheritance to buy property and your name alone is on the deed, then that property is your "sole and separate" property.

    If you use your inheritance to buy property and you put your spouse's name on the deed, then you have given your spouse a gift and the property is Community Property.

    Basically if you want your inheritance to remain yours alone, then keep it entirely separate and in your name alone.

  • 1 decade ago

    No.

    Inherited money only belongs to the person who inherited it. For example, if Mom dies and leaves $1 MILLION to her daughter, who is married, the money is considered the daughters and not part of the community property. However, if the daughter then goes and sticks it into a joint bank account, then the husband can spend it also. Also with the commingling of the money like that, it will be very hard to prove in court that all the money in the joint account is actually her money.

    It is best in a community property state to make it clear which money is community property and which is not. In the case above, the daughter should stick the money into a bank account with her name only on it and have a will leaving it to the kids.

  • Denny
    Lv 4
    1 decade ago

    i'm not an expert, but i believe so. the bases of community property is the equal sharing of assets.

    USA is right...i missed the "inheritance" part. whoever inherited the money owns it and has all rights to it individually.

    Source(s): real estate lic.
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